PROCEDURE-COURT

CEEFPA Bars Landlord From Evicting Occupant Without Additional Motion Filing

August 26, 2021    

Landlord sued to evict an unregulated tenant and his roommate from an apartment in 2018. On March 4, 2020, after a number of court appearances and motion practice, landlord signed a court-ordered settlement agreement...

Court Won't Reject Tenant's Hardship Declaration Where Landlord Doesn't Prove Nuisance

August 26, 2021    

Landlord sued to evict tenant in 2021 for creating a nuisance. Landlord also filed an order to show cause in May 2021 asking the court to reject a Hardship Declaration that tenant had filed, and to vacate any stay of...

NY Court Issues Memorandum on Effect of USSC Chrysafis Decision on Eviction Matter Procedures

August 25, 2021    

Following the U.S. Supreme Court's issuance of a stay on Aug. 12, 2021, the State of New York Unified Court System issued a Memorandum on Aug. 17, 2021, concerning Residential Eviction Proceedings Following ...

Court Administrative Order AO/245/21 Updates Residential Eviction Matter Processing

August 25, 2021    

On Aug. 13, 2021, the Chief Administrative Judge of the Courts of the State of New York issued an Administrative Order, AO/245/21, to update procedures in connection with the processing of residential eviction...

Court Administrative Order Now Requires Landlord-Petitioners to Advise of Pending CERAP Applications

August 25, 2021    

On Aug. 13, 2021, the Chief Administrative Judge of the Courts of the State of New York issued Administrative Order AO/244/21 to assist in the implementation of the statewide New York Emergency Rental Assistance...

Housing Court DRP-217 Updates Procedures for Cases with Judgments or Warrants Issued Before March 17, 2020

August 25, 2021    

On Aug. 16, 2021, the NYC Civil Court issued DRP-217, effective Aug. 16, 2021, regarding court management of pre-pandemic eviction proceedings in the NYC Civil Court, Housing Part. Noting that there were still about...

Court Dismisses Tenants' Harassment Claims

August 24, 2021    

Tenants sued landlord in an HP proceeding and claimed harassment. In June 2021, the court set the matter down for a two-day trial concerning the harassment claims. On the first trial date, July 26, 2021, tenants said...

Court Finds Landlord and Tenant Agreed to Vacate Money Judgment in 2010

August 23, 2021    

Landlord sued to evict tenant for nonpayment of rent in 2010. The parties signed a settlement agreement that was approved by the court, giving landlord a judgment in the amount of $11,808 for all rent due through...

Court Finds Reasonable Excuse for Occupant's Default at Inquest

August 23, 2021    

Landlord sued to evict an employee from an apartment in its building after her employment as a property manager was terminated. Landlord asked the court to grant a default judgment of possession since the employee...

Super's Letter Request to Vacate Default Judgment Denied

July 26, 2021    

Landlord sued to evict its building superintendent in 2019 after the super's employment was terminated. The super failed to appear in court, but his domestic partner appeared and consented to a possessory...

Hardship Declaration Filed in Ejectment Action Stays Case Through August 2021

July 26, 2021    

(Decision submitted by John Bart of DC37 Municipal Employees Legal Services, attorneys for the tenant.)

Did Landlord Fail to Cure Mold Violations?

June 22, 2021    

Tenant sued landlord to obtain correction of building violations in his apartment. In October 2020, the trial court issued a decision, finding a Class B violation for mold in the foyer closet and a Class C violation...